The Services (defined below) of Currency Media Limited (“Currency Media”) App are offered to you (the “User”) upon condition of your acceptance without modification of the following terms of service and conditions of use (the “Terms”).
By using the App, the User agrees to be bound by the Terms. If the User is entering into these Terms on behalf of a company or any other legal entity, the User represents that it has the authority to bind such entity to the Terms. The User agrees that the Terms set out the User’s rights and obligations with respect to the use of the App and its Services.
By using any of the Services offered by Currency Media, the User, if a natural person, is deemed to warrant that it is 18 years or over, or, if not, under the supervision of an adult.
Currency Media offers the User access to the App, unique content, daily email newsletters, details of upcoming events and podcasts (the “Services”).
Acknowledgment and Acceptance of Terms
Services are provided to the User pursuant to the Terms and Currency Media reserves the right to publish additional operating rules or policies from time to time.
Access to the Services
The User agrees to:
- provide all equipment, including a computer and modem or other supported device, necessary to establish a connection to the internet;
- arrange for the User’s own access to the internet and pay any telephone, line rental or other connection and service fees associated with such access;
- pay the Subscription Fees (the “Subscription Fees”) as set out in Schedule One (Payment Schedule).
Currency Media shall also provide a service of a daily newsletter via automated email which shall summarise the Services and content available to subscribers on App and to provide links to the content.
Modifications of Terms
Currency Media reserves the right to modify the Terms at any time and at its sole discretion and without notice to the User. It is the responsibility of the User to regularly review the Terms for modifications. By continuing to use the App and the Services, the User agrees to be bound by such amended Terms.
All notices to a party shall be made in writing and shall be made either via online announcements, e-mail, or conventional mail. Currency Media may broadcast notices or messages through the App and such broadcasts shall constitute notice to the User.
Proprietary rights to content
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the “Content”) contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by Currency Media, its advertisers, or other Currency Media Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited licence for the User’s own use for the App and associated Services unless expressly otherwise authorised in writing by Currency Media and in particular is only granted a limited licence to refer to, bookmark or point to any page within the App, or to download the Content or to make a printout in respect of a single copy of the Content for personal reference only. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorised to do so by the relevant copyright owner.
The User acknowledges that the Content is for the User’s personal use only. The User may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any the content of the Currency Media App in whole or in part on your product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted at law.
The User agrees not to license, sub-license, contract, sub-contract, assign, distribute, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services or the content without expressly being authorised to do so by the Company or otherwise use the Services for illegal or fraudulent applications.
Where the User breaches this clause, Currency Media reserve the right to all action, enforcement, proceedings, causes-of-action, and claims arising from the breach or breaches including the User indemnifying and holding Currency Media harmless for the loss of revenue caused by lost Subscription Fees in respect of each and every third party to which the User made Content available in any manner and to any third parties which those persons made the content available.
The User agrees to indemnify, defend (at Currency Media’s request), and hold Currency Media, its affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the User’s use of the App or Services or any part thereof, or the violation of the Terms or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User’s computer, of any account or password to access and/or use the Services, or the violation of any intellectual property rights of any person or entity, or the use or misuse by the User or third parties of the User’s passwords or accounts.
Currency Media has no obligation to monitor the App or the Services but reserves the right to do so and to remove any Content at its sole discretion at any time without notice.
The App and the Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Currency Media is not liable for any delays, delivery failures, or other damage resulting from delays which are outside of the control of Currency Media.
Any abuse of the Services, including but not limited to the violation of the Terms or any provision therein, or the infringement or misappropriation by any User, or a third party using a User’s computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User’s passwords or accounts, should be reported immediately to Currency Media at [email protected]. Where you have a complaint relating to the content or any aspect of App or Services other than an abuse of services (which procedure is set out above), please write to us at [email protected] setting out in detail the basis and nature of your complaint and the best way and time to contact you. We will use our best endeavours to respond to your complaint as quickly as possible.
Modifications and Discontinuance of the Services at
Currency Media reserves the right at its sole discretion to modify or discontinue the App or Services, or any portion thereof, at any time, with or without notice to the User. Currency Media shall not be liable to the User or any third party should Currency Media exercise its right to modify or discontinue the App or Services. No refunds will be granted to any Users who have paid Subscription Fees in this instance.
Suspension and Termination
It may be necessary to temporarily suspend the Services from time to time to carry out maintenance of equipment. In addition, the Services may also be suspended (in whole or part) where Currency Media is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation.
Currency Media may suspend the provision of the Services to the User if payment of any Subscription Fees is overdue (whether or not disputed by the User). Currency Media may also suspend the Services (or any part thereof) at any time without notice if in the sole opinion of Currency Media the use of the App and the Services by the User damages, or threatens to damage, the security or stability of the App or the Services or services provided by Currency Media to other users.
Either party may terminate all or part of the Services at any time without notice to the other party. Currency Media shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof.
Upon termination by the User, there shall be no refund of any element of the Subscription Fees and all unpaid Subscription Fees shall become immediately due (including on a pro rata basis where part of a periodic charge charged in arrears is due). All provisions of the Terms which, in order to give effect to their meaning, need to survive termination shall remain in full force and effect thereafter.
Third Parties, Advertising and Linked Site and Apps
Currency Media may place advertisements on the App or work with a third party to place the advertisements. Advertisements placed on the App may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. The User agrees that Currency Media has the right to run such advertisements and promotions.
Currency Media does not control the content of any events or services supplied by third parties and the inclusion of content does not imply endorsement of the third party by Currency Media or any association with that third party. The User’s correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the App or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that Currency Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the App or Services.
The App, the Services and the daily newsletter email may contain images of and links to third party Site and Apps (Linked Site and Apps) including sponsors of Currency Media. Linked Site and Apps are not under the control of Currency Media and the User agrees that Currency Media is not responsible for the content of any Linked Site and Apps. The inclusion of a link does not imply endorsement of the Linked Site and Apps by Currency Media or any association with its owners or operators. The User’s correspondence or business dealing with advertisers or third parties found on or through Linked Site and Apps, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that Currency Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the App or Services.
Disclaimer of Warranties
Currency Media provides the App and Services on an “as is” and “as available” basis, and the User uses the App and Services at the User’s sole risk.
Currency Media shall not be responsible for the effect or result of the introduction or entry of any virus into the App and/or one or any of the Services.
Currency Media makes no warranty that the App or Services will meet the User’s requirements; nor that the App or Services will be uninterrupted, timely, secure, or error-free; nor does Currency Media make any warranty as to the results that may be obtained from the use of the App or Services; nor as to the accuracy or reliability of any information obtained through the App or Services; nor that defects in the App or Services will be corrected.
Currency Media expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
The User understands and agrees that any Content downloaded or otherwise obtained through the use of the App or Services is done at the User’s own discretion and risk. Currency Media is not responsible for any damage to the User’s computer system or loss of data that results from the download of such Content.
Currency Media makes no warranty regarding any goods or services purchased or obtained through the App or Services or any transactions entered into through the App or Services.
Currency Media accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the Service. Currency Media accepts no liability for any interruption of business as a direct or indirect result of the App or Services.
No advice or information, whether oral or written, obtained by the User from Currency Media shall create any warranty not expressly made herein.
Limitation of Liability
Currency Media shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if Currency Media has been advised of the possibility of such damages, howsoever arising, out of use of the App or Services.
Currency Media may at its sole discretion assign, transfer, sub-license, sub-contract or deal in any other manner with all or any of its rights under the Terms or any part thereof to a third party.
No right may be assigned, and no duty may be delegated, by the User under the Terms except upon the prior written consent of Currency Media and any attempted assignment and delegation without such consent shall be void and without effect.
The Terms shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
Ownership and Control of Data
Any information or data, transactional or otherwise, about the User’s customers (the Data) which the User obtains through the use of the Services is the property and the responsibility of the User and shall be stored by Currency Media only for the exclusive use of the User in accordance with the terms of the Data Protection Addendum dated on or about 25 May 2018. Currency Media reserves the right to access such Data only for the purposes of its own internal sales analysis.
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
Currency Media shall not be responsible to the User in circumstances where some or all of the obligations under the Terms cannot be performed due to circumstances outside the reasonable control of Currency Media, including an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, failure of communication facilities, default of suppliers or sub-contractors, or the inability to secure computer processing facilities including those of the necessary quality or security, obtain SMS text messaging services, obtain materials or supplies and, in all cases, the inability to do so except at increased prices whether or not due to such causes.
If any of the provisions of the Terms is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from the Terms and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
Currency Media will provide such other services as may be agreed between the User and Currency Media in writing from time to time (the Additional Services) and where Currency Media provides Additional Services to the User, a separate fee, also to be agreed in writing between the parties, will be charged to the User for the Additional Services.
Any waiver (express or implied) by either party of any breach of the Terms shall not constitute a waiver of any other or subsequent breach. No provision of the Terms will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice Currency Media’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Currency Media in writing.
The clause headings in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
The Terms comprise the entire agreement between the User and Currency Media and supersede all prior agreements between the parties. The User acknowledges that it has not relied on any representations other than those contained in the Terms. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. The User may also be subject to additional terms and conditions when the User uses affiliate or third party services.
Commercial re-use prohibited
The User agrees not to license, sub-license, contract, sub-contract, assign, distribute, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the App, Services or Content without expressly being authorised to do so by Currency Media or the relevant copyright owner.
The User shall not modify or make derivative works based upon the Services or the Content nor shall the User create Internet “links” to the Services or the App or “frame” or “mirror” any Content on any other server or wireless or Internet-based device.
The User shall not reverse engineer or access the App or the Services in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the App or the Services.
The User also agrees not to use a Currency Media e-mail address in any way that may imply or otherwise suggest endorsement by or partnership with Currency Media or any associated brands or companies and further agrees not to use a Currency Media e-mail address for the purposes of any business trade or profession which may or in any other way which may bring Currency Media or any associated brands or companies into disrepute. Currency Media accepts no responsibility for any interruption or loss of business arising as a direct or indirect result of the App or the Services.
Governing Law and Jurisdiction
The Terms shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and Currency Media agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of these Terms shall be Ireland.